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New Jersey Child Support Questions & Answers
1 Answer | Asked in Child Support and Family Law for New Jersey on
Q: Where exactly COLA child support administrative hearings (probation dept) are held in Paterson, NJ?

The notice to appear says to report to "65 Hamilton St., Court Annex". There is no floor or suite number. The mailing address of the probation division is 77 Hamilton street. I am already anticipating the guards at the entrance shrugging their shoulders and having no idea where it is... View More

Richard Diamond
Richard Diamond
answered on Oct 23, 2023

At the courthouse annex, you will let them know that you are there to meet with a hearing officer to do the cola to the existing child support order. If they ask you information about your ex's financial setting, you can provide them with whatever details you are aware of as well.

1 Answer | Asked in Child Support for New Jersey on
Q: In the state of New Jersey can child support garnish my settlement
Leonard R. Boyer
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answered on Sep 22, 2023

Yes child support can garnish your wages.

2 Answers | Asked in Family Law and Child Support for New Jersey on
Q: Why must I continue to pay Child support if my daughter moved out from home and is working and paying rent?

My daughter essentially emancipated herself after graduating high school. She is working and living on her own. I am still on the hook for 1200 bucks a month. Why am I still paying and why does no attorney I speak with think this I'd an issue?

Leonard R. Boyer
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answered on Sep 4, 2023

Emancipation is not automatic, a motion to emancipate her has to be filed. If there are some facts that you have not provided, that would explain why no attorney you spoke to believes it is an issue. So if you not left out key facts, it would require a motion. However, if she is a special needs... View More

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3 Answers | Asked in Child Support and Family Law for New Jersey on
Q: if two people have a kid, can a parents obligation for child support be lifted if both parties sign off on it?

Can a legal document be prepared that alleviates the legal obligation to pay child support if both parties sign it?

Richard Diamond
Richard Diamond
answered on Sep 6, 2023

As a general statement, the answer is no. Even if the other parent signs an document promising not to seek child support from you as long as you never seek a relationship with the child - neither of you is bound by that agreement. You would always have the right to petition the court to see your... View More

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1 Answer | Asked in Child Support for New Jersey on
Q: If you have zero employment do they consider SSI on top of the minimum wage for cross motion child support increase
Richard Diamond
Richard Diamond
answered on Aug 28, 2023

If the other side has filed an application with the court seeking to compel you to pay / adjust your child support payment obligation, the court has to determine your income setting for purposes of the child support guidelines. If you are disabled and receiving SSI and presumably, she is receiving... View More

1 Answer | Asked in Child Support and Family Law for New Jersey on
Q: Moved to NJ from PA & PA isn’t legally enforcing my support

I found on the Internet from a New Jersey official website that I can have New Jersey enforce my support order. Can someone please call me or let me know what I do to go about this because everybody seems to give me a run-around .

Richard Diamond
Richard Diamond
answered on Jun 8, 2023

Under the Uniform Interstate Family Support Act, if you now live in New Jersey, you can seek to domesticate your Penn court order for spousal support and then the New Jersey court system has the authority to “enforce your spousal support order” entered by the court in Penn but the New Jersey... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: DCP&P LEGAL ISSUES

Back in February DCPP was involved with me drinking. The worker and supervisor are extremely unqualified to do their jobs. I've sent emails, text, messages, voice-mail etc and they rarely get back to me.

While I'm being ignored, court was adjourned twice and then canceled today.... View More

Richard Diamond
Richard Diamond
answered on May 4, 2023

The short answer is that you can schedule a consultation with an experienced family law attorney who handles DCPP matters and is knowledgeable on the rules governing investigations by DCPP reps and the timeline for the completion of their investigations. An experienced family law attorney can also... View More

1 Answer | Asked in Divorce, Family Law and Child Support for New Jersey on
Q: Will my Xwife have to pay me back retro if my CS amount gets lowered. Looks like it’s happening soon. Filed 2/26/31

Still waiting for a few details to hash out. I was told she has to pay me back the difference from the date you filed your motion. Please advise. Correction filed motion 2/26/23

Richard Diamond
Richard Diamond
answered on May 4, 2023

Absent proof of fraud on you in connection with the underlying child support amount, the court cannot retroactively adjust a child support order to a date before the filing date of your current application. If your application was filed on 2/26/23 and is heard by the court on May 12, 2023, the... View More

1 Answer | Asked in Child Support and Family Law for New Jersey on
Q: How much child support should I be getting?

1 child, 50/50 custody, I don’t currently work however I am comfortable using $50K as my yearly salary. I am remarried w 2 other younger children (7&4). My ex husband is not remarried but his fiancé and daughter live with him. Originally our salaries were $150K & $50K, now my ex husband... View More

Teresa L. Reichek
Teresa L. Reichek
answered on Apr 11, 2023

Thank you for your question. Since your ex-husband is being evasive, you can force the issue and make him produce his tax returns provided it is in your original Marital Settlement Agreement by filing a motion. You can also include in the motion a request to recalculate child support. There are... View More

3 Answers | Asked in Family Law and Child Support for New Jersey on
Q: My ex filed a continuation of cs in New Jersey. Staying my daughter is in college. I was told she isn’t going to college

My ex filed a continuation of cs in New Jersey. Stating my daughter is in college. I was told she isn’t going to college anymore. Will she have to provide documents every semester for proof to the cs services or is it a one time deal and she is using the documents before my child quit.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2023

You can bring a motion to have your child declared emancipated and your ex-wife would have to prove that your daughter is in fact in college. Children at that age frequently change their minds about going to college or not. As to the rest of your question, there is no standard answer. With modern... View More

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2 Answers | Asked in Family Law and Child Support for New Jersey on
Q: The settlement agreement states a split of the enhanced premium for the kids medical, is that over the current number

Says my ex continues to provide insurance but the enhanced premium is split between us

Richard Diamond
Richard Diamond
answered on Feb 22, 2023

No lawyer should answer your inquiry without seeing the language of your agreement, the applicable child support guideline work sheet and any documents used to determine the cost sharing aspect of your child's health insurance coverage.

As a simple example, if you and your ex used the...
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2 Answers | Asked in Child Custody, Child Support and Family Law for New Jersey on
Q: How would I go about getting my children back from protective custody housing system?

Their mother took them into a battered women's shelter, but I have custody of them.

Bari Weinberger
Bari Weinberger
answered on Feb 22, 2023

Thank you for your question. Additional information is required to provide you guidance in this matter. The attorney would need to review prior court orders and determine the appropriate next steps. If you are legally granted custody by way of court order and there are no subsequent orders, the... View More

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2 Answers | Asked in Child Support, Divorce and Family Law for New Jersey on
Q: Live in Nj, divorced, kids 17,21,23. Judge just ordered me to cover kids on my health insurance till age 26. Legal?

Under 2016 consent order, I agreed to switch the kids from my ex’s work health insurance onto mine (save us both money). Judge just ordered me to cover the kids till age 26 (oldest child is 23 and is emancipated). No previous agreement is in place agreeing to cover kids beyond age 23. Is that... View More

Richard Diamond
Richard Diamond
answered on Feb 13, 2023

My suggestion is that you schedule a consultation with a family law specialist to review the motion papers filed by you and your former spouse along with the agreement and the most recent court order to get a better handle on the judges ruling - otherwise a lawyer will be guessing as to his... View More

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2 Answers | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: My children and I moved here with their father for his work in June 2020. My children's father left and remarried

In jan 2022 ......I have been given a substantial job offer back in the state we had been living in prior to our mive to NJ which is 1.5 hrs from him. Can I take the children?We have a custody order he has visitation one week anight that I can not accommodate I've made suggestions and requests... View More

Bari Weinberger
Bari Weinberger
answered on Jan 12, 2023

Thank you for your question. If you don’t have the father’s consent to move, then you need a court order to grant you permission to move. You will need to file a motion but unfortunately it will not be heard in 6 weeks so unfortunately, you will need to speak to a matrimonial attorney to see if... View More

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1 Answer | Asked in Divorce, Child Support and Family Law for New Jersey on
Q: If my fiance signs a prenup, can his exwife be entitled to more child support or more money after we marry ?
Richard Diamond
Richard Diamond
answered on Jan 3, 2023

I am not sure how the terms of your prenuptial agreement with your fiancé connect at this moment to your fiancé's child support obligation for children from his prior marriage.

Your fiancé has a child support obligation based on his current income setting from employment and...
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1 Answer | Asked in Child Support for New Jersey on
Q: son lives w/aunt and daughter with BF but I support both .Does this exclude the father from paying court ordered CS?

He filed a motion to discontinue paying because my children aren’t living with me but I still have them under my health insurance and provide for them financially .What is the law on this ?

Richard Diamond
Richard Diamond
answered on Dec 28, 2022

Sounds like your children are not emancipated - which means that he is not entitled to terminate his child support obligation. The issue is where should his child support payment be directed? Maybe the payment should be directed to your aunt since she is the one caring for and paying for the... View More

2 Answers | Asked in Child Support and Divorce for New Jersey on
Q: It states that the age of a child when the initial child support order is entered, is she used to calc CS. When is that?

Let me be more specific. My daughter was 11 when my husband filed divorce papers, but 12 when we negotiated and then were granted our divorce in court. Is that when one parent first files for divorce? Or when it is granted?

Richard Diamond
Richard Diamond
answered on Oct 29, 2022

I think you may be mixing apples with oranges with your question. Under NJ’s child support guidelines, there is a presumption that teenagers are more expensive than younger children - so if the guidelines are first calculated when a child is 13 years old or older, the court has the right to add... View More

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2 Answers | Asked in Domestic Violence, Family Law, Child Custody and Child Support for New Jersey on
Q: i have a question. i have a 6 year never been married my sons father keeps verbal abusing me what can i do ?

he verbal abuses me and belittles me and my prenting just makes my life a living hell.. i dont think i can file for restraining order because he hasnt hit me but he does raise his voice whenever we argue i just feel like my backs against the wall and no one can help me

Richard Diamond
Richard Diamond
answered on Oct 17, 2022

There are a lot of things that you can do to better handle the communications with your ex. The best way for you to handle things is to file an application with the court under the FD docket ( for unmarried people with children) for a modification of your custody and parenting time plan. You will... View More

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2 Answers | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: Mentally unfit co parent-what can I do?

I am in NJ. I have full legal and residential custody and my ex has supervised visitation twice a week. I have recently found out he has been getting money from, or

Not paying people by saying our daughter has cancer when she doesn’t. He doesn’t work, and has never paid for child... View More

Richard Diamond
Richard Diamond
answered on Oct 6, 2022

You have sole legal and residential custody of your daughter, and your ex has only 2 supervised visits with her per week because the court was convinced that he has serious mental health issues, making him a danger to your daughter. The fact that he is scamming others for money supports your claim... View More

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2 Answers | Asked in Child Support for New Jersey on
Q: How can I ensure that the correct parenting worksheet is used when calculating child support

I want to make sure that the correct parenting worksheet is used (the shared parenting worksheet) when recalculating child support since the last time it was calculated, they only used the sole parenting worksheet but refused to provide a reason as to why. I have my child for 10 overnights per... View More

Richard Diamond
Richard Diamond
answered on Oct 3, 2022

Preparing the child support guidelines correctly is not a simple task and simply because the county probation department officer prepared them for you does not mean that they were prepared correctly. My suggestion is that you pay a family law specialist to review the guidelines and meet with you to... View More

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